United Water, state reach $40,000 deal on pesticides; company noted EPA rules

May 4, 2012

Written by

United Water New York said it followed federal EPA-approved instructions for applying pesticides, but the state said the company needed to adhere to New York’s stricter standards.

The company and the state Department of Environmental Conservation entered into a consent agreement announced Tuesday that has United Water agreeing to a civil penalty of $40,000 for improperly applying pesticides to the Lake Deforest reservoir in Clarkstown.

United Water New York owns and operates the reservoir, a major drinking water supply for thousands of homes and businesses in Rockland and parts of nearby New Jersey.

At issue is United Water New York’s application of copper sulfate to treat algae growth in the lake. An abundance of algae can cause an unpleasant taste and odor and gunk up treatment equipment, among other impacts.

In a written response following a request for comment by The Journal News, United Water New York’s vice president and general manager, Michael Pointing, said state-licensed applicators administered copper sulfate “in a safe and appropriate manner.”

He also said lower dosages at the frequencies recommended on the product label were used so the company was “better able to protect fish and other aquatic life in the lake.” The instructions were registered with the U.S. Environmental Protection Agency and New York state, Pointing said.

The DEC said United Water New York did not follow the state’s regulatory requirements regarding pesticide use and added that “the obligation to follow the law does not change with respect to dosages.”

Pointing said the company applied the copper sulfate after Labor Day due to warm weather that caused an algae bloom. He said the company notified the DEC in advance and received authorization.

The DEC said “there was no special authorization, nor did United Water establish that there was.”

In his response, Pointing also stated that pesticide records were made available to the DEC within 30 minutes. The DEC said the records weren’t available as required by regulation.

United Water agreed to pay $23,250 of the penalty with the balance of $16,750 suspended contingent upon compliance with the requirements of the consent order, the DEC said.

The consent order also specifies a series of steps the company will need to take, including properly maintaining pesticide records and properly following all pesticide regulations in the future, the DEC said.

State Environmental Conservation Law regulates how and when chemicals and pesticides may be applied to the state’s water bodies.

The DEC’s pesticide regulations authorize the application of copper sulfate for the control of algae, subject to certain limitations.

The DEC said that United Water applied copper sulfate later in the year than allowed by regulation, that its applications were too frequent to be in compliance with the regulation, and that the company failed to maintain accurate and complete pesticide records on site.